The Florida District Court Decision Rejecting the Federal Governments Motion to Dismiss the Case Against the Individual Mandate

Ilya Somin  October 14, 2010 5:42 pm

There are several interesting aspects of todays Florida federal district court ruling rejecting the governments motion to dismiss a challenge to the Obama health care plans individual mandate brought by 20 states and the National Federation of Independent Business. First, as Randy Barnett emphasizes, this ruling, like the similar Virginia decision before it, further undercuts claims that the lawsuits against the mandate are either frivolous or clearly precluded by existing precedent. Even the recent Michigan district court ruling upholding the mandate conceded that it was a case of first impression (although the judge also tried to argue that the mandate ultimately does fit under current doctrine).

I. Judge Vinson Rules that the Mandate is Not a Tax.

Second, Judge Roger Vinson rejected outright the federal governments claim that the mandate is a tax that is authorized by Congress authority under the Tax Clause. Instead, he concludes that it is a regulatory penalty, a point that I emphasized in my amicus brief in the Virginia case on behalf of the Washington Legal Foundation and a group of constitutional law professors:...

This can be easily solved, if you don't want to be part of America by paying your fair share then you are required to move elsewhere. Societies cost money, if the state can support the rich through technology supports then it can support all its citizens through mandates. That may sound collective to some, but in reality most major steps forward, that assist people also assist corporations. The mandate is just an example of legislation that helps all citizens of the state.

We have funded business for a long time, time we funded people. "In 1929 Federal, state, and municipal governments accounted for about 8 percent of all economic activity in the United States. By the 1960s that figure was between 20 and 25 percent, far exceeding that in India, a socialist country. The National Science Foundation reckoned that federal funds were paying for 90 percent of research in aviation and space travel, 65 percent in electrical and electronic devices, 42 percent in Scientific Instruments, 31 percent in machinery, 28 percent in metal alloys, 24 percent in automobiles, and 20 percent in chemicals." William Manchester "The Glory and the Dream"

"...Dean Baker debunks the myth that conservatives favor the market over government intervention. In fact, conservatives rely on a range of nanny state policies that ensure the rich get richer while leaving most Americans worse off. Its time for the rules to change. Sound economic policy should harness the market in ways that produce desirable social outcomes  decent wages, good jobs and affordable health care." The Conservative Nanny State

This can be easily solved, if you don't want to be part of America by paying your fair share then you are required to move elsewhere. Societies cost money, if the state can support the rich through technology supports then it can support all its citizens through mandates. That may sound collective to some, but in reality most major steps forward, that assist people also assist corporations. The mandate is just an example of legislation that helps all citizens of the state.

We have funded business for a long time, time we funded people. "In 1929 Federal, state, and municipal governments accounted for about 8 percent of all economic activity in the United States. By the 1960s that figure was between 20 and 25 percent, far exceeding that in India, a socialist country. The National Science Foundation reckoned that federal funds were paying for 90 percent of research in aviation and space travel, 65 percent in electrical and electronic devices, 42 percent in Scientific Instruments, 31 percent in machinery, 28 percent in metal alloys, 24 percent in automobiles, and 20 percent in chemicals." William Manchester "The Glory and the Dream"

"...Dean Baker debunks the myth that conservatives favor the market over government intervention. In fact, conservatives rely on a range of nanny state policies that ensure the rich get richer while leaving most Americans worse off. Its time for the rules to change. Sound economic policy should harness the market in ways that produce desirable social outcomes  decent wages, good jobs and affordable health care." The Conservative Nanny State

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You could as easily move to where you could live off the government teet right now.

This can be easily solved, if you don't want to be part of America by paying your fair share then you are required to move elsewhere. Societies cost money, if the state can support the rich through technology supports then it can support all its citizens through mandates. That may sound collective to some, but in reality most major steps forward, that assist people also assist corporations. The mandate is just an example of legislation that helps all citizens of the state.

We have funded business for a long time, time we funded people. "In 1929 Federal, state, and municipal governments accounted for about 8 percent of all economic activity in the United States. By the 1960s that figure was between 20 and 25 percent, far exceeding that in India, a socialist country. The National Science Foundation reckoned that federal funds were paying for 90 percent of research in aviation and space travel, 65 percent in electrical and electronic devices, 42 percent in Scientific Instruments, 31 percent in machinery, 28 percent in metal alloys, 24 percent in automobiles, and 20 percent in chemicals." William Manchester "The Glory and the Dream"

"...Dean Baker debunks the myth that conservatives favor the market over government intervention. In fact, conservatives rely on a range of nanny state policies that ensure the rich get richer while leaving most Americans worse off. Its time for the rules to change. Sound economic policy should harness the market in ways that produce desirable social outcomes  decent wages, good jobs and affordable health care." The Conservative Nanny State

Click to expand...

Perhaps I decide you must purchase a Prius to be a member of scoiety or face a hefty tax. You okay with that too?

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